ADA Legislative Alert

Ask Congress to Close Loophole and Apply State Dental Insurance Laws to Self-funded Plans

May 19, 2026 by James Schulz; ADA, Senior Vice President, Government and Public Affairs Division of Federal and State Advocacy

Over the past decade, state dental associations have helped secure more than 360 state dental insurance reform laws. So far in 2026, we have seen wins on Virtual Credit Card, Network Leasing, and Downcoding – 8 new laws in total. 

Despite these efforts, many dental carriers and administrators continue to avoid complying with these state laws by relying on ERISA preemption for self-funded plans. The Improving Dental Administration (IDA) Act would ensure that state dental insurance consumer and patient protection laws apply to patients covered by employer self-funded dental plans, as well as fully insured plans.

This important bipartisan legislation will close the ERISA loophole, and we need your support to secure more cosponsors. To see all of the current cosponsors of H.R. 7931, you can check here.

Your patients deserve to be treated equally under the law when receiving dental care, no matter how their dental benefit plan is designed. Congress can finally bring this needed consistency and accountability to federally regulated dental plans and ensure state dental insurance laws are adhered to.

For the latest information on ERISA reforms, please visit ADA.org/ERISA


H.R. 7931, the Improving Dental Administration (IDA) Act, would help ensure that state dental insurance laws protecting patients and providers apply consistently to self-funded dental coverage, and not just fully insured plans. Right now, carriers and administrators often argue that ERISA preemption allows them to avoid state laws on issues like prompt payment, non-covered services, virtual credit cards, network leasing, assignment of benefits, and prior authorization continuity.

This two-tiered system, where different patients receiving the same care may be subject to different protections based solely on plan design, creates confusion, delay, and expense for both doctors and patients, and often interferes with the doctor-patient relationship. Congress can fix this now by passing H.R. 7931 and finally closing the ERISA loophole carriers often use to justify ignoring state dental insurance reform laws.

Take action now and ask your Representative to support H.R. 7931. Raising your voice will help ensure fairness, consistency, and accountability in dental coverage for patients and providers alike.

TAKE ACTION

American Dental Association